Part-time foundation. Shortened working week

Today, many organizations, due to economic problems, prefer to either reduce staffing levels or introduce part-time work. The Labor Code regulates this fact in Article 93.

Concept

Part-time work is understood as a form of employment where the duration of working time is less than that established by law. By joint agreement between the parties, during employment, as well as in the future, a shortened day may be established. Art. gives the right to do this. 93 Labor Code of the Russian Federation.

In addition, by agreement, the employee may be given a part-time working week, as well as the opportunity to divide the working day into parts. Incomplete work time is established both without a time limit and for a specific period of time.

Partial day

Labor legislation speaks of the possibility of organizing the work process in several modes:

1. Reducing the length of a working day or shift.
2. Decrease working days per week, but maintaining the length of the working day.
3. Reducing work activity per day by a certain number of hours.

But it is a mistake to combine the concepts of short-time work and part-time work. The Labor Code separates the main points of these two concepts.

For example, for certain categories of citizens, a shortened day is the labor norm. These are persons under 16 years of age, persons under the age of majority, disabled people and workers involved in production with harmful conditions labor.

More detailed norms for shortened working hours are specified in Article 92 of the Labor Code of the Russian Federation.

Who is eligible for part-time work?

The employer can provide:

• part-time work for a woman expecting a child;
• part-time for an employee who has a child under 14 years of age;
• part-time for an employee caring for a disabled child under 18 years of age;
• part-time for an employee who is caring for a sick family member based on a medical certificate.

In these cases, part-time working hours are established until the circumstances that constitute the basis for reducing working hours end.

Do I need a report card?

Working time sheets are maintained at all enterprises. Based on this document, employees are paid wages and information about working hours is tracked. Part-time work must also be noted on the report card. According to Resolution of the State Statistics Committee No. 1 dated January 5, 2004, in the case of a part-time day, the mark “NS” or “25” is placed in the document.

Payments

When choosing part-time work, you need to be prepared for the fact that not only the hours of work will be reduced, but also the pay. Part-time work, from an economic point of view, is beneficial to the employer. After all, the less an employee works, the less he will ultimately receive.

This fact is established by law: wages are calculated in proportion to the time worked by the employee, or payments are made for a specific amount of work performed (Article 93 of the Labor Code of the Russian Federation with comments).

As for vacation pay, these payments are made in full, regardless of the working hours. When calculating vacation pay, they take into account the total work experience and other labor rights. Shortened working hours cannot affect the duration of vacation. Also, the calculation of average earnings per day for accrual of sick leave, vacation pay or business trips occurs in the usual manner, according to regulatory documentation.

case when the employee performs his labor activity outside the established schedule, this will be considered overtime and must be paid accordingly. Work on weekends or holidays is paid double.

Every employee must remember that labor legislation protects his interests.

Decor

There are cases when a decrease in working hours is an objective reason. Therefore, the employee immediately thinks about how to document this. This process is not at all complicated. As mentioned earlier, initially part-time work can be formalized by agreement of the parties in an employment contract. Part-time work is prescribed as a regime for a specific employee (Article 93 of the Labor Code of the Russian Federation regulates specific categories of employees who have the right to work part-time).

In order to go to new mode work, regardless of whether the decision was made by agreement of the parties, on the initiative of the employer or employee, the employee must write an application for part-time work. This is to some extent proof of the legality of the transition to this regime.

Further, based on the application, the authorized person issues an order to transfer a specific employee to part-time work. The employee becomes familiar with this document upon signature. After the order, an additional agreement must be signed between the parties on the introduction of a new operating mode. Actually, after such manipulations, the employee can start working on a new schedule.

Below is an order for part-time work (sample document).

Changes to the contract

If any employee has a different work schedule from the others, this fact must be reflected in the employment contract. If changes have been made to short time after employment, it makes sense to amend the document itself; in other cases, there is no need to change the entire contract. It is enough to draw up an additional agreement, which will reflect the key points of innovations in the work. Part-time work must be recorded in labor documents, which are issued only in writing. In other words, this fact cannot be recorded in words.

Often, for good reasons, previous conditions employment contract can no longer be observed. In such cases, changes may be allowed at the initiative of the manager. Employees must be notified several months in advance of possible changes and the reasons that led to this. The head of the organization notifies employees about the transition to part-time work. The Labor Code regulates this in Article 74.

These changes can take place if management is faced with the choice of either reducing staff as much as possible or maintaining work units but reducing working hours. By law, such a procedure can be provided for up to six months.

The most striking example is the situation with mass layoffs of staff due to the liquidation of an enterprise. The reduced working hours are determined in in this case one order for the organization, which all employees must read and sign. Also in this situation, each employee must give his consent or disagreement with the new work regime. And if the employee does not want to work under the new regime, the employment agreement is terminated automatically. In this case, the employee receives compensation payments.

Part-time for women on maternity leave

The most pressing issue, perhaps, is the work schedule of women on maternity leave, or more precisely, part-time work. Parental leave should not interfere with the desire to work, especially if the employer welcomes the employee’s early departure. She, in turn, will be able to get up to speed faster and not lose working skills.

It is important to remember that parental leave can be taken out by an employee before the child reaches 3 years of age. Wherein workplace is retained by her. Labor legislation allows a woman to simultaneously be on maternity leave and go to work part-time. The Labor Code regulates this right in Part 3 of Article 256.

Let's consider the features of the working day for women on maternity leave. Labor law has no restrictions on the working hours of women with small children. There are several options:

1. The event must be indicated until the occurrence of which adjustments are made to the work schedule.
2. May not be specified certain dates, because legislative norms do not stipulate exactly what the length of the working week should be for a woman on maternity leave. In fact, she can work a couple of hours or 39 hours a week.

If a worker works overtime, she must be paid overtime. It is also necessary to take into account the feeding hours included in working hours. To do this, the employee must submit an application for the provision of this time, and time for a break does not include this. Like all employees, a woman on maternity leave has the right to a shortened day before a holiday.

Any deviation from the normal work schedule must be compensated in the form of overtime pay or an additional day off.

Reduced working hours must be reflected in the timesheet. In case of a part-time work week, all days worked must be indicated; in case of a part-time work week, the actual hours worked must be indicated. For employees who are on maternity leave and at the same time fulfilling their job responsibilities, the marks on the report card have their own characteristics. To reflect the fact of parental leave itself and the time worked, two codes are entered in the report card.

As for documentation for a young mother, all the nuances of her work activity must be spelled out in the additional agreement. First, you need to write a statement indicating the employee’s desire to switch to part-time work and the period for which this work schedule should be established. Based on this application, an order is issued and an additional agreement is signed. The order issued by the manager must indicate the work schedule, taking into account a break for lunch, for feeding an infant, as well as days off. Wage calculated based on time worked.

Part-time for students and pensioners

It is possible to formalize labor relations with full-time students on a general basis, in accordance with the principles of labor law. A contract can be concluded for either a definite period or an indefinite period. When an employment contract is signed with a student, Article 92 of the Labor Code of the Russian Federation must be observed, which specifies the length of working hours for students under 18 years of age who combine study and work.

This category of employees has the right to reduced working hours, namely no more than 18 hours per week. At the request of the student or by agreement of the parties, a part-time work schedule may be established:

1. Part-time work for students involves reducing working hours per day (for example, instead of 8 hours 4).
2. An incomplete week implies fewer working days.
3. Partial week with part-time work.

All of the above conditions must be recorded in the employment contract or additional agreement.

In addition to taking a part-time day, a student can apply for leave without saving money payments:

• for up to 15 days to undergo intermediate certification;
• for up to 4 months to prepare for the graduation project and pass state exams;
• for up to a month to pass state exams.

These conditions are acceptable only if the university has state accreditation.

As for working pensioners, the current Russian legislation does not provide part-time work for pensioners. Hence, this category employees are required to work established rules along with other employees, comply with all internal rules of the organization and work the required hours.

Benefits and compensation

Article 93 of the Labor Code of the Russian Federation establishes the fact that every employee working part-time has the right to all the required guarantees, benefits and compensation. The organization must provide the employee with:

1. Basic annual leave.
2. Payment of sick leave on the basis of Federal Law-255.
3. Administrative leave in the amount specified in Article 128 of the Labor Code.
4. Accounting for work experience.
5. Permit for student leave.
6. Payment of compensation for work in the Far North.

Consequently, despite the reduction in working hours, the employee has the right to count on those benefits established by federal law.

Cancel mode

As the law says, working hours can be reduced at the request of the employer in agreement with trade union bodies and for no more than six months. But the manager also has the right to cancel a part-time work schedule earlier than the established deadlines. The employee also has the same right. He can make changes to his schedule in agreement with his manager.

As a rule, the main reasons for returning to the old work schedule is the elimination of those circumstances that led to a reduction in working hours.

Let's consider situations where the initiative to reduce time came from an employee. A pregnant woman may ask to be switched to a part-time schedule until the end of maternity leave. But then the same employee has the right to leave her on a part-time basis until the child turns fourteen. But after reaching this age, the employee will have to return to her previous work schedule, providing the child’s birth certificate. Based on this document, an order will be issued stating the reasons for changing the labor regime. Also, in addition to the contract, an additional agreement must be signed.

In the case where personal circumstances served as the basis for reducing working hours, the employee, in order to return to the previous hours, will need to provide a package of documents and write an application for the cancellation of part-time work.

If the initiative to transfer employees to part-time work came from the organization’s management, then in order to return to the previous schedule it will be necessary to coordinate this fact with the trade union organization, notify employees two months in advance about the upcoming changes, and only then issue an order.

If the company plans to work full time on a reduced basis, then no additional documents will be required. At the end of the specified period, employment is restored automatically.

Let's look at a few examples. The organization encountered some difficulties due to the fact that the equipment at the enterprise that supplied the products broke down. The organization is forced to make purchases elsewhere and in smaller quantities, which in fact was the reason for the decrease in the number of sales. It is impossible to predict the timing of equipment repairs from the supplier, but the organization could adjust the working hours of employees. After all, finding new suppliers that meet all the requirements is much easier than incurring losses. And the organization can well afford to reduce the work schedule of all employees until the problem is resolved.

One more example. An employee of the organization has a child who goes to first grade. It must be collected after classes and monitored for completion. homework. Moreover, this process must be carried out during working hours. For such cases, the law provides for a woman’s right to part-time work. Thanks to this, the employee can solve her problem by regulating family problems and without leaving work. This fact is fully stipulated in labor legislation and every employer must remember that evasion of the provided guarantee may entail administrative liability.

So, from all of the above it is clear that part-time work is regulated at the legislative level. Those categories of employees who certainly have the right to such a regime should know their capabilities and not be afraid to use them. IN modern conditions labor it is very important to know the legal norms and be able to use them for their intended purpose. Moreover, such knowledge can help save a job.

New edition of Art. 93 Labor Code of the Russian Federation

Commentary on Article 93 of the Labor Code of the Russian Federation

Part-time working hours are always less in duration than normal or reduced working hours. The term “part-time work” itself covers both part-time and part-time work. This type of working time is established by agreement between the employee and the employer, both upon hiring and subsequently. In addition, the employer (including an individual) is obliged to establish a part-time or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of 14 (a disabled child under the age of 18) ), as well as a person caring for a sick family member in accordance with a medical report (clause 1 of Article 93 of the Labor Code of the Russian Federation).

In many ways, the regime of part-time work is still regulated by union acts of law (to the extent that does not contradict the Labor Code of the Russian Federation) and, in particular, by the Regulations on the procedure and conditions for the use of labor for women who have children and work part-time” dated 29 April 1980 N 111/8-51. It has been established that when hiring a part-time employee, this is not recorded in the work book (clause 3 of the Regulations).

Both the working day and the working week can be part-time. Moreover, neither a minimum nor a maximum is established in the current legislation. According to the Regulations on the procedure and conditions for the use of labor for women with children and working part-time, part-time work was established, as a rule, at least 4 hours and no more than 20, 24 hours for a five- or six-day working week.

When working part-time, an employee works fewer hours than established by the routine or schedule at a given enterprise for a given category of workers, for example, instead of eight hours, four hours.

With a part-time working week, the number of working days is reduced compared to a five-day or six-day week.

Part-time work may consist of simultaneously reducing the working day and working week.

A part-time working regime can also be used, when daily work is divided into parts (for example, morning and evening mail delivery to the company’s office, etc.).

Part-time working hours can be established by agreement of the parties either without a time limit or for any period convenient for the employee mentioned in Article 93 of the Labor Code of the Russian Federation: for example, for the period of the child’s school year, for the period until he reaches 10 years, etc. . (Clause 4 of the Regulations).

Part-time working hours can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. Thus, a transition to part-time work is possible due to changes in organizational or technical specifications labor, taking into account the opinion of the elected trade union body of this organization for a period of no more than six months. In cases where part-time work is introduced at an enterprise for all or individual employees on the initiative of the administration, the following rules must be observed:

1) as follows from the provisions of Article 74 of the Labor Code of the Russian Federation, any essential terms of the employment contract can be changed, except for the labor function, i.e. the position (specialty) of the employee provided for in the employment contract, and the range of duties performed by him;

2) the employer must notify employees of the introduction of changes in writing no later than two months before their introduction (for employers - individuals a different period has been established - no less than 14 calendar days(Article 306 of the Labor Code of the Russian Federation)).

Since the legislation does not establish the form of notification, it can therefore be arbitrary. The main thing is that the text allows you to establish what the employee was notified about and when. The notice must bear the personal signature of the employee;

3) if the employee does not agree to work under the new conditions, the employer is obliged to offer him another job available in the organization that will correspond to his qualifications and state of health. In the absence of such work, the employee must be offered a vacant lower-level position or a lower-paid job (also suitable for the employee’s qualifications and state of health).

In case of disagreement with the new working conditions, employees have the right to terminate the employment agreement (contract) on the grounds provided for in paragraph 7 of Article 77 of the Labor Code of the Russian Federation (the employee’s refusal to continue work in connection with a change in essential working conditions), the employment contract with him is terminated with the provision to the employee of the corresponding guarantees and compensations. Moreover, the employee has the right to express his disagreement and resign on this basis only until the introduction of a part-time working regime (for this purpose, the rule of a 2-month warning period has been established). If an employee changes his decision after the introduction of this regime, then he can resign only of his own free will.

Cancellation of the part-time work regime is carried out by the employer, taking into account the opinion of the representative body of the organization’s employees. In accordance with Article 93 of the Labor Code of the Russian Federation, part-time work does not entail any duration restrictions for workers annual leave, calculation of length of service and other labor rights.

Part-time work does not entail a reduction in the duration of annual and educational leave; the work time is counted in the length of service as full working time; bonuses for work performed are awarded on a general basis; Weekends and holidays are provided in accordance with labor legislation. However, payment for part-time work is made in proportion to the time worked or depending on output. Part-time working is one of the essential conditions of an employment contract.

Another comment on Art. 93 Labor Code of the Russian Federation

1. Part-time working time is working time determined by agreement between the employee and the employer, the duration of which is less than the normal working time established by the employer. If an employee, in accordance with the law (Article 92 of the Labor Code of the Russian Federation), has the right to reduced working hours, working time of a shorter duration will be considered incomplete compared to the corresponding standard of reduced working time.

2. Part-time working time can act as a part-time working week or as a part-time working day (shift). With a part-time working day (shift), the duration of daily work is reduced, but the working week remains five or six days. A part-time work week is a reduction in the number of working days while maintaining the established duration of the work shift. It is possible to simultaneously reduce the working day (shift) and the working week, and working hours can be reduced by any number of hours or working days without any restrictions. Part-time or part-time work can be established both upon hiring and subsequently.

Read also: Maternity leave for twins

3. Part 1 art. 93 of the Labor Code of the Russian Federation defines the circle of persons whose requirement to establish part-time work is mandatory for the employer (a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen), as well as a person caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts Russian Federation).

4. The use of part-time work leads, as a rule, to an increase in production efficiency and makes it possible to increase employment by using one workplace by two part-time workers, forming second shifts with part-time workers, etc.

5. The initiator of establishing part-time work is the employee. In cases established by law, part-time work may be introduced at the initiative of the employer. On the procedure for introducing part-time work at the initiative of the employer, see Part 5 of Art. 74 of the Labor Code of the Russian Federation and commentary to it.

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Article 93 of the Labor Code of the Russian Federation. Part-time work

Article 93 of the Labor Code of the Russian Federation with comments and amendments for 2016-2017.

By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as the person carrying out caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.

Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.

Commentary on Article 93 of the Labor Code of the Russian Federation:

1. The term “part-time working time”, used in Article 93 of the Labor Code of the Russian Federation, covers both part-time work and part-time work week.

With a part-time working day, the number of hours of work per day is reduced in comparison with what is established in the organization by the routine or schedule for this category of workers (for example, instead of 8 hours - 4).

Part-time work means setting fewer working days per week (less than 5 or 6 days). It is also possible to establish for an employee a part-time working week with part-time work (for example, 3 working days a week, 4 hours each).

Unlike reduced working time, which is a full measure of labor duration established by law for certain working conditions or categories of workers (Article 92 of the Labor Code), part-time working time is only a part of this measure. Therefore, in case of part-time work, payment is made in proportion to the time worked, and in case of piecework payment - depending on output.

Part-time working hours are usually established by agreement of the parties to the employment contract. Such an agreement can be reached both upon entry to work and during the work period. The provision for part-time work must be reflected in the employment contract or drawn up as an addition to it.

2. The law does not limit the circle of persons for whom part-time work is allowed. It can be installed for any employee at his request and with the consent of the employer. At the same time, in certain cases, the employer is obliged to establish a part-time or part-time work week for the employee at his request. Thus, part-time work is mandatory at the request of: a pregnant woman; one of the parents (guardian, trustee) with a child under 14 years of age (disabled child under 18 years of age), as well as a person caring for a sick family member in accordance with a medical report issued in the manner established by federal and other regulations legal acts of the Russian Federation.

Securing the right to mandatory establishment of a part-time working regime for only one of the parents who has a child under the age of 14 (a disabled child under 18 years old) means that if the need for such a regime arises for the second parent, he must resolve this issue in general procedure, i.e. by agreement with the employer.

In addition to the above categories of persons, the employer is obliged to establish part-time working hours at the request of a disabled person, if such a regime is necessary for him in accordance with individual program rehabilitation, which is mandatory for organizations regardless of their organizational and legal forms (Article 11 and Article 23 of the Law on the Protection of Persons with Disabilities).

The employer's refusal to satisfy such a request can be appealed to the labor dispute resolution authorities.

3. Part-time working time is established for a specific period or without specifying a period. In this case, work on a part-time or part-time work week is indicated in the content of the employment contract (see Article 57 and commentary thereto).

Part-time workers have the same labor rights as full-time workers. They are entitled to full annual and educational leave; work time is counted in the length of service as full working time; Weekends and holidays are provided in accordance with labor legislation.

Part-time work is not noted in work books.

On part-time work for women and other persons on parental leave to care for a child under 3 years of age, see Part 3 of Art. 256 and comment. To her.

Part-time working hours can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. Transfer to part-time work is possible due to changes in organizational or technological conditions labor, taking into account the opinion of the elected trade union body of this organization for a period of up to 6 months.

For the procedure for transferring to this mode, see the comment. to Art. 74.

Persons hired for part-time or part-time work, as well as those hired at half the rate (salary) in accordance with the employment contract, are included in the list of employees of the organization. IN payroll these employees are counted for each calendar day as whole units, including non-working days weeks determined upon hiring.

Persons who worked part-time in accordance with an employment contract or were transferred from written consent employee for part-time work, when determining average number employees are taken into account in proportion to the time worked (see Instructions for filling out the federal statistical observation form N 1-T "Information on the number and wages of employees", approved by Rosstat Resolution of October 13, 2008 N 258 // Questions of Statistics. 2009. N 1 ).

By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as the person carrying out caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

Read also: Order for recalculation of wages - sample

When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.

Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.

Commentary on Article 93 of the Labor Code of the Russian Federation

1. The term “part-time work” covers both part-time work and part-time work. In case of part-time work, remuneration is made in proportion to the time worked, in case of piecework payment - depending on output.

Part-time workers enjoy the same labor rights as workers with regular working hours.

The commented article does not limit the circle of persons for whom the introduction of part-time work is allowed.

ILO Recommendation No. 182 “On part-time work” (1994) contains guidelines for employers. According to the Recommendation, “part-time worker” means an employee whose normal working hours are less than those of full-time workers in a comparable situation.

2. The duration of working hours for a specific employee may be determined by an individual employment contract. In such situations, it is not allowed to increase working hours compared to those established by law. limit standards, but it is possible to reduce it by mutual agreement of the subjects (parties) of the employment contract. The law does not prohibit the parties to an employment contract from agreeing to work on a part-time basis, both at the conclusion of the employment contract and subsequently (i.e. during the period of its validity). Part-time work with proportional payment may provide, by mutual agreement of the parties, for a reduction in working hours by any number of hours or working days.

Part-time working time is established for part-time work, as well as in cases where the organization provides staffing table incomplete wage rate.

3. Part-time working hours can not only be established, but also canceled by agreement of the parties to the employment contract. The initiative to introduce part-time work comes primarily from the employee, and the employer can satisfy his request if this does not disrupt the production process.

In cases where changes occur in the organization of the production or technological process, the initiative to transfer to part-time work may come from the employer, of which he is obliged to notify the employee 2 months in advance. since this means a change in essential working conditions.

4. The legislation provides that in certain cases, if there is an expression of the employee’s will, the employer is obliged to establish a part-time working day for him. Such an obligation arises for the employer if a pregnant woman or a woman with a child under 14 years of age (a disabled child under 18 years of age) or a person caring for a sick family member applies for part-time work in accordance with with a medical certificate. Disabled people also have the right to part-time work. Medical recommendations on the establishment of part-time work for disabled people are mandatory for the employer (Articles 11 and 23 of the Law “On social protection disabled people in the Russian Federation").

5. Part-time employees are entitled to full annual leave, as well as study leave. The time worked is counted towards their seniority as full working time. They have the right to receive a bonus for work performed, which is calculated on a general basis. They are provided with days off and holidays in accordance with the Labor Code and shift schedule. An entry is not made into the workers’ work books indicating that they performed part-time or part-time work.

6. When establishing part-time work, remuneration is made in proportion to the time worked without additional payment. The employee does not have the right to demand payment in an amount not lower than the minimum wage established by the state, since this guarantee applies only to employees who have completed full working standard. This differs from part-time working time to reduced working time. Part-time work is used in various ways.

Article 93 of the Labor Code of the Russian Federation

Part-time work - normative base, in what cases is a part-time working day formalized, how to draw up a part-time/part-time employment contract

The concept of working time according to the Labor Code of the Russian Federation, classification of working time costs, normal working hours, overtime work

Judicial practice under Art. 93 Labor Code of the Russian Federation

Under these circumstances, the courts, guided by the provisions of Article 114 of the Labor Code of the Russian Federation, came to the conclusion that the simultaneous use of two or more vacations is not provided for by the labor legislation of the Russian Federation, and the fund rightfully refused to allow the company to offset the expenses it had unreasonably incurred for the payment of care benefits for the child while the named employees are on their next main leave.

The applicant challenges the constitutionality of the interpretation by the courts of general jurisdiction of part three of Article 93 of the Labor Code of the Russian Federation, according to which part-time work does not entail for employees any restrictions on the duration of the annual basic paid leave, calculation of seniority and other labor rights.

Article 93. Part-time work

By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as the person carrying out caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.

Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.

Part-time work is a type of working time. There is no specific definition of this concept in the Labor Code of the Russian Federation, but in Part 1 of Art. 93 states that by agreement between the worker and the employer, both upon hiring and in the future, a part-time working day, that is, a smaller number of working hours, can be established.

What it is

The Labor Code of the Russian Federation tells us that there are several options for organizing work in this mode, namely, the employer can:

• reduce shift duration - on all working days of the week;
• reduce the number of days while maintaining standard length working day or shift;
• reduce both the number of hours and the number of working days per week.

The decision to shorten the day can be made by the management of the enterprise (if there is a threat of mass layoffs, for example); the employee himself can also ask for this.

One of the options for shortened working hours is the so-called part-time work - we wrote about how to draw up a contract in this case in a separate article (there is also a sample contract there).

Who to install

• pregnant woman;
• one of the parents or guardians, trustees who have a child under 14 years of age or a disabled child under 18 years of age;
• caring for a sick family member (a medical certificate of the established form is required).

A woman, being on maternity leave, due to Art. 256 Labor Code of the Russian Federation has the right to work, but not all day: this will allow her to retain the right to insurance benefits. But there are times when a mother is forced or prefers to go to work, and the responsibility of caring for the child is transferred to other family members: the father or even grandparents. In this case, they can also receive benefits and work part-time.

The procedure depends on who is the initiator

A part-time work week at the initiative of the employee or part-time work at the initiative of the employee is introduced on the basis of his application. If, before submitting the application, the employee did not provide the employer with documents about pregnancy or the presence of a child under 14 years of age (disabled child under 18 years of age), they will have to be provided along with the application.

A more difficult case for a personnel officer is the situation when a part-time work week is introduced at the initiative of the employer or part-time work at the initiative of the employer. There are cases when, for reasons related to changes in organizational or technological working conditions, the terms of the employment contract cannot be maintained. Then it is permissible to change them, with the exception of changes in the employee’s labor functions. If conditions have changed so much that the company is faced with a choice: either fire more than 50 people in a month (read more about the criteria for mass layoffs in the article), or still try to save jobs - the employer has the right to introduce a shortened day, shift or half-week regime for a period up to 6 months. It is important to fulfill two main conditions:

1. There have been changes in organizational or technological working conditions. According to paragraph 21 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2, the employer is obliged to provide evidence that the change in working conditions is caused precisely by the restructuring of technologies or the organizational structure of production. Otherwise, transfer to a different work schedule is illegal. And such a reason as heavy financial position enterprise, disrespectful and not a basis.
2. There is a threat of mass layoffs.

IN Art. 82 Labor Code of the Russian Federation criteria for mass layoffs are determined in industry and/or territorial agreements. If there are no such industry agreements for organizing such industry agreements, look at the Decree of the Government of the Russian Federation of 02/05/1993 No. 99 “On the organization of work to promote employment in conditions of mass layoffs.”

Only if one of these two conditions is met, the employer can make changes to the working hours of its employees.

How is it paid?

According to Art. 93 Labor Code of the Russian Federation, when working on a reduced-time basis, payment is made in proportion to the hours worked or depending on the volume completed. It is necessary to take into account the procedure for calculating the norm of hours worked for certain calendar periods, depending on the established duration of working hours per week. At the same time, according to Letter of Rostrud dated 06/08/2007 No. 16196, the amount of wages when establishing a shortened regime should decrease regardless of the remuneration system, be it the official salary or the tariff rate.

How to write it in an employment contract

The procedure for concluding a contract, as well as its form, is the same for both full-time and part-time, drawn up in free form. At the beginning of the document, the parties who enter into an agreement are indicated. Next, the subject of the transaction is stated, subsequent paragraphs should contain the obligations and rights of the parties. It is also necessary to indicate the period of work, i.e. specifically the number of hours.

Next, the conditions for payment of wages and forms of liability for violation of this agreement are determined. And at the end it is indicated in what cases and how amendments can be made and how its termination will occur. At the very end, details and signatures of the parties are drawn up. Depending on the specifics of the activity, additional items may be added.

Part-time work– part-time mode, in which an employee works part-time (shift) or part-time week ().

Partial schedule at the request of the employee

For part-time work organization can transfer any employee at his request (application) or by agreement of the parties to the employment contract. When establishing a part-time working schedule must be concluded with an employee an additional agreement to the employment contract (Article 57.72 of the Labor Code of the Russian Federation)

In some cases, the organization is obliged to establish such a regime for an employee. This must be done as requested:

• pregnant woman;
• one of the parents (guardian, trustee) with a child under the age of 14 years (disabled child under the age of 18);
• an employee who cares for a sick family member in accordance with a medical report.

Employees for whom the employer is obliged to establish a part-time work schedule can express their wishes regarding the work schedule. For example, a pregnant employee has the right to ask that her work day begin two hours later than other employees. The employer, in turn, is obliged to take into account the wishes of such an employee. At the same time, the employer makes a decision on the work schedule taking into account the specifics of production.

The employer is obliged to establish a part-time schedule for any period convenient for the employee. But no more than for the period of circumstances due to which the employee was introduced to part-time work. For example, if an employee asked for a part-time work schedule due to caring for a sick family member, the maximum period for which the employer is obliged to establish such a schedule is the period of illness of the family member for whom the employee is caring (Article 93 of the Labor Code of the Russian Federation).

Specific duration of working hours with a part-time schedule current legislation not provided. Set a work schedule by agreement with the employee. In this case, the working day can be divided into parts. For example, an employee works three hours in the morning and one hour in the evening. This follows from Article 93 of the Labor Code of the Russian Federation.

Partial schedule at the initiative of the organization

An organization may introduce part-time work on its own initiative (taking into account the opinion of a trade union, if there is one in the organization). This is allowed during the period of organizational and technical measures that entail significant changes in working conditions. If such changes could lead to mass layoffs, the administration has the right to establish a part-time working regime for up to six months. This restriction is provided for by Part 5 of the Labor Code of the Russian Federation.

Application from an employee to establish a part-time working schedule

To the director
LLC "Gasprom"
A.V. Ivanov

from the chief accountant
A.S. Petrova

STATEMENT

on establishing a part-time working regime

Based on Article 93 of the Labor Code of the Russian Federation, in connection with current family circumstances (long-term illness of a child), I ask you to allow me to work part-time from 02/17/2018 (with the establishment of a working week from Monday to Thursday) until the reasons that caused such a need are eliminated.

16.01.2019 . . . Petrova. . . . . A.S. Petrova

How to register a part-time employee

Part-time work is special regime work. You will learn about how to fill it out correctly and in what order it is paid in the article.

Does part-time work limit the employee’s labor rights?

No, it doesn't.

Are part-time and short-time working the same thing?
No, these are different working hours.

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Is an additional day of rest during a part-time work week considered a day off?

Yes, it counts. Did you need to set up part-time work for any of your employees? Then it is necessary to remember that this mode of work determines a special procedure for remuneration. Therefore, it is very important to formalize everything personnel documents no mistakes. But do all of you remember in what case and which employees have the right to work like this? And do you know what difficulties you might encounter?

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Who is entitled to part-time work?

Pregnant women have the right to work part-time. The following working conditions are established for them:

• reduced duration of daily work (shift) by a certain number of hours on each day of the work week;
• reduced number of working days per week with normal duration of daily work (shift);
• reduced duration of daily work (shift) by a certain number of hours with a reduced number of working days per week.

Women's daily work in certain types of work can be divided into parts. At the same time, the recommended minimum duration of work is at least four hours a day and at least 20–24 hours a week (for a five- to six-day week). Also, depending on the specific production conditions, women can be assigned a different working time. Other categories of employees may also work part-time. It is important not to confuse this work schedule with shortened working hours.

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Who is eligible for part-time work?	Conditions for granting part-time work	Legislative act
Pregnant woman		Part one
One of the parents (guardian, trustee) with a child under 14 years of age (disabled child under 18 years of age)	The employer is obliged to establish, at the request of the employee	Part one art. 93 Labor Code of the Russian Federation
An employee caring for a sick family member	The employer is obliged to establish, at the request of the employee and in accordance with the document issued in the prescribed manner medical report	Part one art. 93 Labor Code of the Russian Federation
An employee undergoing training in an organization and performing work under an employment contract	The employer may establish by agreement with the employee
A graduate student studying in graduate school in by correspondence training	The employer is obliged to establish one day off from work per week with payment in the amount of 50 percent of the salary received, but not less than 100 rubles	Clause 7 of Art. 19 of the Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education” Note: Canceled. See 273-FZ "On education in the Russian Federation"
An employee on parental leave	The employer is obliged to establish, at the employee’s request,	Part Three; Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”
All employees, if a change in organizational or technological working conditions may entail their mass dismissal	The employer has the right to establish such a regime, taking into account the opinion of the trade union, for a period of up to six months	,

When establishing part-time work for an employee who has a child under 14 years of age, does an employer have the right to require a certificate or other document about the working hours of the second parent?

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How does part-time work differ from short-time work?

Criterion	Short working hours	Part-time mode
Salary	In the amount provided for normal working hours	Proportional to time worked or depending on the amount of work completed
Establishment procedure	Mandatory for the employer. Established by the Labor Code and other laws	Established by agreement between the employee and the employer, the initiative can belong to either party
Working hours	Established by federal laws	Established by agreement of the parties
Who is it for?	For certain categories of workers who need increased labor protection measures (minors, disabled people, teaching and medical workers and etc.) ()	No restrictions are established by law

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How to pay an employee for part-time or part-time work

If an employee works part-time, then this must be paid in the following way. Calculate wages in proportion to the time worked or depending on the amount of work performed (part two of Article 93 of the Labor Code of the Russian Federation). Similarly, it is determined average earnings female employees for temporary disability benefits, maternity benefits and monthly child care benefits.

Irina M. works part-time and receives a salary depending on the volume of work performed (50 rubles per part). In March, an employee produced 350 parts on the machine. Thus, her salary this month will be 17,500 rubles. (350 x 50).

If the employee worked more hours, this will be considered overtime. Therefore, the first two hours must be paid at least one and a half size, and subsequent hours - at least double the size ().

You can request from the employee a document confirming the basis for part-time work (for example, a certificate from the antenatal clinic about pregnancy)

Senior economist Galina S. receives 30,000 rubles for a part-time work week (36 hours per month). per month. On March 12, she was required to work three hours of overtime. Let's calculate the amount of the surcharge using the following formula:

E = (S: V x 1.5 x 2) + (S: V x 2 x (P – 2)), where

S – monthly salary;

V – number of working hours in March with a 36-hour work week;

P – duration of overtime work.

Thus, the additional payment amounted to 1000 rubles. = (30,000: 150.2 x 1.5 x 2) + (30,000: 150.2 x 2 x 1).

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How to formalize the transition to part-time work, order, additional agreement

Part-time working hours (part-time work week, part-time work day (shift)) are established in the employment contract. Therefore, first, based on the employee’s application, you need to draw up an additional agreement to the contract.

Note: Download the employment contract. The employee is set to work part-time

Be sure to reflect in it (part one):

• days of the working week;
• duration of daily work (shift);
• start and end times of work;
• break time.

If, due to working conditions, it is impossible to maintain daily or weekly working hours (for example, an employee works on a staggered schedule), establish a summarized accounting of working hours and determine the appropriate accounting period (month, quarter, etc.) (part one).

Elena P. works part-time. In the first and third weeks of the month, she works 20 hours each, and in the second and third weeks, 28 hours each. Thus, she works 96 hours a month. Elena has a summarized accounting of working time with an accounting period of one month. An employee’s salary for one hour of work is 150 rubles. Consequently, its amount for the month will be equal to 14,400 rubles. (96 x 150).

Then, based on the concluded additional agreement, issue an order establishing part-time work. Since there is no standardized form for this document, you can compose it in free form. There is no need to make any entries in the employee’s work book.

Limited Liability Company "Gazprom"
TIN 7708123456, checkpoint 770801001
full name of the organization, identification codes (TIN, KPP)

ORDER No. 256
on the establishment of a part-time working day

Moscow 01/30/2017

In accordance with Articles 93 and 173 of the Labor Code of the Russian Federation, I ORDER:
1. Set from February 2 to March 31, 2017 to manager A.S. Kondratiev has a part-time working regime for the period before starting his graduation project and passing state exams.
A.S. Kondratiev is given the following working hours:
– start – 8.30;
– end – 15.50;
– lunch break – 12.00–13.00.
2. Accounting department of wages A.S. Kondratyev to produce in proportion to the actual time worked.

Reason: statement by A.S. Kondratieva.

General Director ______________ A.V. Ivanov

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How to set up part-time work

Experts' opinions

- Working part-time does not entail any consequences for the employee restrictions on her labor rights. The duration of the annual basic paid leave, length of service, the right to child care benefits and sick leave are preserved.

- In case of a part-time work week, an additional day of rest is a day off for the employee. You can involve an employee in work on this day only with her written consent (). It is prohibited to employ pregnant women during these days (part one).

- Part-time working hours are established in an additional agreement to the employment contract employee based on his written application. Then, in accordance with this agreement, the employer needs to issue an order to establish an individual regime for the employee. Just remember that there are no entries in work book there is no need to do this.

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Calculation of BENEFITS for BiR, child care, sick leave

How to determine the average daily earnings for calculating sick leave benefits based on the minimum wage for a part-time employee

When calculating sick leave benefit from the minimum wage for an employee who, at the time of the insured event, is set to work part-time, the average daily earnings are determined in proportion to the length of the employee’s working hours (Law of December 29, 2006 No. 255-FZ). To calculate, use the formula:

Average daily earnings if the employee is set to work part-time

Minimum wage

Established for an employee on a part-time basis
------------
Number of working hours per day (week) during normal working hours

Calculate the daily allowance taking into account the employee’s length of insurance:

Daily allowance

Average daily earnings for part-time work

Benefit amount as a percentage of the employee’s average daily earnings
(100%, 80%, 60%)

How to calculate B&R benefits for an employee who is assigned part-time work

According to general rules. If the average monthly earnings are at the start date of maternity leave, then calculate the benefit based on the minimum wage, taking into account the length of working hours.

To calculate maternity benefits, you need to calculate your average daily earnings. By general rule it is determined as follows: divide the total amount of earnings that is accrued for the billing period and is subject to contributions by social insurance, for the amount of calendar days in the billing period. This rule is also used to calculate the average daily earnings of employees who are assigned part-time working hours (Part 3.1 of Article 14 of the Law of December 29, 2006 No. 255-FZ, clauses 15, 15.2, 16 of the Regulations approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375 ).

If a woman worked part-time, her average monthly earnings may be less than the minimum wage established on the start date of maternity leave. In this case, to calculate the average daily earnings, you need to use the minimum wage. The minimum wage itself is reduced in proportion to the employee’s working hours. This procedure is provided for by Part 1.1 of Article 14 of the Law of December 29, 2006 No. 255-FZ, paragraph 15.3 of the Regulations approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375.

An example of calculating maternity benefits for an employee who is scheduled to work part-time

E.I. Ivanova works at 1/2 rate. In July 2018, Ivanova goes on maternity leave. The billing period is 2016–2017. By the time maternity leave began, the employee’s total insurance experience exceeded six months, so the benefit is calculated based on the earnings she actually received. The billing period has been fully worked out. There were no days excluded from the calculation period.

Ivanova’s actual earnings were:

• for 2016 – 80,000 rubles;
• for 2017 – 90,000 rubles.

We check whether Ivanova’s average earnings for a full calendar month exceed the minimum wage.

The employee's average monthly earnings for the billing period were:

(RUB 80,000 + RUB 90,000): 24 months. = 7083.33 rub./month.

The minimum wage as of the start date of maternity leave is 9,489 rubles. But since Ivanova was working at 1/2 rate at that moment, this value must be reduced.

The minimum wage amount calculated based on the employee’s work schedule is: 9,489 rubles. : 2 = 4744.50 rub.

Thus, the employee’s average monthly earnings in the billing period in terms of a full month (RUB 7,083.33) is greater than the minimum wage as of the start date of maternity leave (RUB 4,744.50). Therefore, when calculating benefits, we determine the average daily earnings based on the actual earnings received:

RUB 170,000: 731 days. = 232.56 rub./day.

The total amount of maternity benefits was: 232.56 rubles. × 140 days = 32,558.40 rub.

Is it necessary to reduce child care benefits if the employee worked part-time during the billing period?

Typically, the length of the working day does not affect the amount of child care benefits up to 1.5 years. The payment depends only on the average daily earnings for the last two calendar years that precede the start of parental leave. This follows from the provisions of the Law of December 29, 2006 No. 255-FZ.

And only if the average monthly earnings in the billing period are below the minimum wage, the benefit is calculated based on the minimum wage. Should I use it? part-time ratio, depends on what working conditions the employee had at the time the vacation began. If he worked full time, the coefficient does not apply. Adjust the minimum wage in proportion to working hours only if there was a part-time working schedule before the vacation.

An internal part-time worker can work in his organization in the same position as his main job, features of part-time work.

The length of working hours is regulated by the Russian Labor Code. Part-time work is characterized in Article 93 as a reduction in working time, paid in proportion to the number of hours or shifts worked. Part-time work is provided in application form.

Switching to part-time work

Each employee has the right to contact the employer with a request to switch to work on a shortened schedule. Mandatory approval is possible if the employee belongs to a preferential category of persons. The employer has the right to prohibit everyone else from working on a short-time schedule if it is not profitable for him.

The employer is obliged to accept the application and agree (or refuse) the work schedule according to the reduced version.

• expectant mothers;
• parent, guardian, trustee of a child under 14 years of age and a disabled child under 18 years of age;
• a person caring for a sick family member whose illness is confirmed by a medical certificate.

The beneficiary can work on a shortened schedule for as long as necessary due to the circumstances that arise. The daily routine is adjusted taking into account the needs of the employee and production characteristics.

The earnings of those transferred to part-time work will be less. Accrual is carried out taking into account the time worked (produced per product change).

A shortened schedule can be set either for an unlimited time or for a strictly defined period. The conditions are reflected in the employment contract.

Those working on a shortened schedule are granted annual leave of at least 28 days. Work experience is not sequestered. The procedure for establishing part-time working time is regulated by Article 93 of the Labor Code of the Russian Federation “Part-time working time”.

What can a part-time job look like?

Additional Information

Part-time work is a form of employment in which the employee’s working hours are less than those determined by law. By agreement between the applicant and the employer, upon hiring, and also subsequently, a shortened day can be fixed (Article 93 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not define the concept of “part-time working”. But the International Labor Organization Convention (06/24/1994) No. 175 defines this term as working time, the duration of which is less than the normal working day. It is important to know that this document has not been ratified by Russia. But commitments were made to review its provisions for approval by Russian trade unions and employers' associations.

An employee must apply for a job or switch to a part-time job. In this case, he has the right to choose any suitable option:

• part-time: 4, 5 or 6 hours, not 8.
• part-time work, for example, working eight hours a day, but three days a week instead of five;
• shortened day and week: working 6 hours a day, three days a week instead of five.

In addition to the groups of persons listed in the article of the Code who have the right in accordance with the Labor Code of the Russian Federation to work part-time, those on parental leave and graduate students studying part-time can work for part of the salary.

For persons who do not belong to any of the preferential categories, a shortened work schedule is also allowed.

How does part-time work affect wages and vacations?

By switching to shorter work hours, the employee loses earnings. According to Art. 93 of the Labor Code of the Russian Federation, remuneration in such cases is based on the time actually worked or the volume of production produced.

The number of days of annual leave is not affected by the partial work schedule. Vacation pay is calculated according to the general rule based on average daily earnings.

By multiplying the number of rest days by the average salary per day, the amount of vacation pay is calculated. To calculate average daily earnings, an annual period and only labor payments are taken. Disability benefits and various social benefits are not taken into account.

When working a shortened working day, an employee enjoys the same labor rights as other workers. There should be no infringement of the rights and guarantees of such an employee. But you need to understand that wages, and therefore all payments (sick leave, vacation pay, BIR benefits), calculated based on average daily earnings, will be less.

Does an employer have the right to force people to work part-time?

The usual standard of working time, fixed by labor legislation, is 40 hours a week when working 8 hours with two days off. Working time is the time allotted to an employee to fulfill a work norm, plan, task. When normal working hours decrease, earnings decrease.

Curious facts

Part-time work should not be confused with short-time work, which is referred to in Article 93 of the Labor Code and which is established for certain categories of persons. For example, for citizens under 16 years of age, disabled people, students, workers employed in hazardous areas of production, etc. For such workers, reduced working hours are considered the full norm. Detailed information regarding the rights of workers or working conditions is presented in the Labor Code with comments. If necessary, you can contact him.

This schedule does not raise any objections in cases of voluntary transition. Problems may arise when part-time work is introduced at the initiative of the employer, and such a schedule is most often unprofitable for the employee.

By law, an employer has the right to introduce a part-time work week for up to 6 months. If the employee does not agree with such a change in the work schedule (in this case he loses pay), the employee is dismissed under Part 2 of Art. 81 Labor Code of the Russian Federation. In this case, the dismissed person is paid compensation.

How to get a part-time job

Before registering an employee for part-time work, if such an application is received, the employer must determine whether the applicant belongs to the preferential category of employees or not.

If the employee does not belong to a preferential category, he should:

1. Determine the available workload, anticipated production tasks, and other factors to determine whether the applicant's request can be accommodated. If the nature of the work allows it, the employer has the right to give permission.
2. If an employee is just getting a job, the employment contract specifies under what regime he will work (at 1/2 rate, 3/4 rate, etc.) and what amount of remuneration he will be paid for this.
3. If an already working employee requests a change in work mode, information about the transition to a new work mode is entered in a separate document, an agreement of the parties. The full salary for this position and the amount of payment when working part-time, quarter-time, etc. must be indicated. If necessary, the period for which an additional part-time agreement is concluded. The sample for drawing up an additional agreement is not regulated by the Labor Code of the Russian Federation. The agreement is drawn up in any form, but must be in writing (Article 72 of the Labor Code of the Russian Federation).

Accordingly, wages, taxes, and disability benefits will be calculated in proportion to the established rate.

If the employee belongs to one of the categories specified in Art. 93 of the Labor Code of the Russian Federation, the manager is obliged to provide required schedule labor unconditionally.

Further registration for work occurs as usual.

We must remember that a part-time worker is subject to all labor rights and guarantees provided for by law: payment for sick leave, regular vacation, etc.

Quite often, the initiator of changes to the work schedule is the employee himself. But sometimes it happens that for a number of reasons the previous clauses of the employment contract cannot be preserved. Then it is possible to change them by decision of the manager.

In this case, the organization must inform its employees in advance about the impending changes and the reasons that led to this. The employer informs employees that they will be transferred to part-time work (Labor Code of the Russian Federation, Article 74) no later than two months in advance.

Compensation to an employee for income lost due to the fault of the employer

The Labor Code obliges the employer to compensate the employee for loss of income if such cases occur as:

• illegal dismissal, suspension from work, transfer to another place;
• failure to comply with court decisions or labor inspections that restored the violated rights of the employee;
• failure to issue a work report on time or making an incorrect entry in it about the reasons for dismissal.

In these cases, the employer is obliged to compensate the employee for the earnings he did not receive.

Part-time work is discussed in the video

First pension for part of the month

How is the first pension for less than a month calculated if it is assigned, for example, from the 10th. The pension amount is calculated using the formula:

A = B x (N - 10): N, where

A - pension amount for less than a month
B - the required pension amount
N is the number of days of the month, 30 or 31.

In such cases, employees of the territorial Pension Fund determine the payment in proportion to the days of accrual. Consequently, only part of the pension is due for less than a full month.

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